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Hi, I had done love marriage under special act as on 2014 he was Muslim.. we were in same office. Once his family came to know about our relationship they forced him to leave me. He left his family and was staying with friends till the time we were together. Around 2 yrs we were together living on rent basis nerul.. he changed his religion legally in Hindu and name from HAZARAT ALI SHAIKH TO ADITYA SAWANT. my family excepted him and were supporting but at a same time his family was torturing us to get us separated they forced him to leave me... After some time first he started fluctuating his job and was saying there are some issue they are not giving salary and all.. after that he didn't went to his job for at least 2 months I asked him what's the issue why he is not going and all but he never told me anything.. we didn't have much financial backup so we had faced many financial issues like to pay rent, we had taken loan against gold jewellery from muthoot finance but that also he didn't clear it. On 10th Aug 2016 I went to my parents home for my medical treatment as I was suffering from typhoid he left me and gone and till he is not traceable no contact nor taking any of my responsibility. We don't know were he lives with whom, his address contact number n all... I can see him on what's app and on fb but not replying. Currently he blocked me... I don't know what can be done and how do I get divorced... It's been 3 yrs but neither he is coming or giving me divorce... Plz suggest me, guide me as I want to get out of this asap.
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A. Ma'am Do file a divorce case against your husband. The general provision is that summons will be served upon him to make him know about such a divorce case. Such summons shall be served upon his permanent residence which should be mentioned in the petition. If the summons are duly served and he does not appear then after some time the court shall grant you an 'Ex Parte' or a one sided divorce. If the court is of the opinion that such a person has changed address then summons shall be delivered there and the process of divorce should start. In the end the court might ask you to do a paper publication so that the person concerned gets to know about the matter. If even after that he does not appear before the court, then, the court shall grant you a one sided divorce. Thanks
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Anonymous

Posted 4 days ago

I have edited my divorce petition and submitted it along with affidavit in the court on the ground of cruelty... Also, I have drafted the decree and submitted it to the court as requested... In my divorce Case, sec 24 is rejected to wife and evidence and issues framing is pending... 1. Please let me know what will be the next steps in my case? 2. For a man, is he have to do affidavit for each page every time??? Please let me know... Thanks
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A. Dear Sir, A divorce starts with a divorce petition. The petition is written by one spouse (the petitioner) and served on the other spouse. The petition is then filed in a state court in the county where one of the spouses resides. It does not matter where the marriage occurred. The petition includes important information regarding the marriage. It names the husband, wife and any children and states if there is any separate property or community property, child custody, and child or spousal support. Serving the Divorce Petition The petition (or the divorce papers) must be served on the other spouse. This phase of the process is called "service of process." If both spouses agree to the divorce, the other spouse only needs to sign an acknowledgement of the receipt of service. However, if the other spouse refuses to sign or is difficult to locate, you can hire a professional process server to personally deliver the papers. Completing service of process starts the clock running on your state's waiting period. It also sets automatic restraining orders on the spouses and helps establish the date of separation. At this point, the spouses are not permitted to take any children out of state, sell any property, borrow against property, or borrow or sell insurance held for the other spouse. Divorce Petition Response The other spouse is known as the "respondent." Although it's not required, the respondent can file a response to the petition saying he or she agrees. Filing a response shows both parties agree to the divorce. This makes it more likely the case will proceed without a court hearing, which could delay the process and cost more. Generally, if a response is not filed within 30 days, the petitioner can request that a default be entered by the court. The responding spouse can also use the response to disagree with information presented in the petition. Final Steps of a Divorce Both spouses are required to disclose information regarding their assets, liabilities, income and expenses. If the divorce is uncontested and the spouses can agree on the terms of the divorce, there is only a bit more paperwork to file. Once the court enters the judgment, the divorce is final. However, the marriage is not formally dissolved and the spouses cannot remarry until the end of the state's waiting period. If there are disputes that cannot be resolved, court hearings and maybe even a trial will be required. For full procedure contact me on mobile through Vidhikarya. Rate me Five Star * Please visit the following link. https://vidhikarya.com/LawyerRating/9506c43f5d0b2d266a07
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Anonymous

Posted 4 days ago

Hi have been married last 1 year, after marriage my wife attitude has been changed she never take care of my family, every time she shout and hurt herself to show others , she attempt 3 or 4 time wrong things which is really so dangerous. She is kind of short temper everyone she damage my clothes, watch and other things to get her satisfied I have lots of thing to discuss please advice how can I protect my family and my future,
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A. Dear Sir, If you have decided to divorce her then please go through the following FAQs and decide accordingly. ==================================================================================== FOLLOWING ARE QUESTIONS ASKED BY MY OTHER CLIENTS….ON THE SUBJECT OF DIVORCE.. ====================================== Dear Sir, My answers are as follows: Before starting you must remember that it is big task and never fight for case. Be cool and face it. 1, I want to know what is procedure to take divorce now and how much alimony i have to give her and monthly expenses as well. Ans: Alimony means one time full settlement money given to wife. Montly maintenance is awareded during the pendency of case. She is entitled for one only. 2. What’s are rule and regulation for taking divorce? Ans: It is given below. 3.I want to know whether my wife can claim her rights on the property of my parents like (my parents house) where i and my family live in as alimony. Ans: No, wife has no share only right for maintenance or alimony. If she is educated and avoiding employment then alimony will be between Rs.2 – 3 lakhs one time settlement. 4.Will court seal my parent house as alimony ? And even she is asking to sign a paper where it will written as tht I can’t meet my son also in my entire life . Ans: No, your father property cannot be ancestratl property as such your son not entitled for any share. You should not sign any paper. You have pay monthly maintenance to your son till he attains age of majority, only if you have sufficient means/source of income. 5.Can I take my son custody after 7 years from court. Ans: Yes, even before that. 6.If I want to do settle out court what is the chance of her asking me for alimony amount? Ans: Rs. 5 to 6 lakhs. 7.On what bases this alimony and monthly expenses is decided? Ans: On the basis of your personal income. 8.We can deny if they ask huge amount in alimony to pay as I don’t have that much earning or saving with me to give her huge amount of alimony ? Ans: Yes, definitely. Then she is entitled for monthly maintenance only. 9.What is the difference between alimony and monthly expenses ? Ans: Alimony means one time full settlement money given to wife. Montly maintenance is awareded during the pendency of case. She is entitled for one only. 10.Do I need to pay monthly expenses only for my son or I need to pay for wife also it is compulsory to give monthly expenses to wife ? Ans: yes to both. If you do not pay, your belongings will be attached and you will put into jail, if you are purposefully avoiding. 11.Whether she can do any police complain against me or my family ? Ans: Yes. But now Supreme Court given several instructions to police before arrest. 12.Whether it is bailable or non bailable complaint?What precautions we shud take to avoid this? Ans: Non-Bailable unders section 498A IPC and 3 and 4 of Dowry Prohibition Act. You must get aniticipatory bail under section 438 of CrPC 13.Can she harm me and family by putting false alligations ? How to take precautions for all this? Ans: YES, File quashing petition before the High Court. 14.I even want to know that what are strict norms are there for taking divorce? Ans: It all depends upon evidence, male rarely get divorce but women get very easily, it is the legal presumption, I am saying this as per my experience as judge. 15.Because my wife is continuously telling me now Norms are very very strict what’s are they? Ans: Nothing to bother, your advocate protect you. 16.Yes she is working if she is working then I am not liable for her maintenance money Ans: Yes, your burden will be lessened to 50 to 75% 17.what is section 487A IPC in this can we go bail procedure before and keep it ready with us. Ans: At the end given. 18.What is RCR? Ans: It is Restitution of Conjugal Rights filed under section 9 of Hindu marriage Act. 19.What are Section 498A and DV Act? Ans: Given below 20.Under this act will I get bail or not? Ans: 498A is non bailble, in these days bail is being given to all husbands if there is delay in FIR. 21.But my wife is asking for Alimony separate and monthly maintenance separate Can I combine both as give her? Ans: No, law does not permit. 22.It is necessary to give her monthly maintenance in her hand or I can transfer to her account? Ans: to her account. 22.What is Special marriage act and Indian Divorcee Act? Ans: Please see below. Both applicable in India. 23.what is the procedure for taking bail? Ans: Your advocate will tell you if you pay fee. 24.If my wife does second marriage will I be still liable to pay her monthly maintenance? Ans: No. 25.My wife was troubling me a lot and was keep fighting with me for no reason so in the anger I told her if you continue to trouble me like this I will do Second marriage will this create any problem for me in getting the divorce? Ans: You will be in jail if you marry without divorce under sectin 494 IPC 26.If I am not capable of paying alimony amount if my wife asks for that what court will take the section. Ans: If you have money and refuse then you will be sent to jail. 27.From almost 9 months she is at her parent home Can she file a complaint against domestic violence against me or my family? Ans: yes, police create a very good story and register FIR, 28.Mutual Divorce take 6 month time can we do settlement out of court and take divorce fast? Ans: yes. if you pay alimony and good fee to your advocate it can be settled within 30 days. Section 9 in The Hindu Marriage Act, 1955 9 Restitution of conjugal rights. — 7 [***] When either the husband or the wife has, without reasonable excuse, withdrawn from the society of the other, the aggrieved party may apply, by petition to the district court, for restitution of conjugal rights and the court, on being satisfied of the truth of the statements made in such petition and that there is no legal ground why the application should not be granted, may decree restitution of conjugal rights accordingly. 8 [ Explanation. —Where a question arises whether there has been reasonable excuse for withdrawal from the society, the burden of proving reasonable excuse shall be on the person who has withdrawn from the society.] 9 [***] Section 498A in The Indian Penal Code 376 [498A. Husband or relative of husband of a woman subjecting her to cruelty.—Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be pun¬ished with imprisonment for a term which may extend to three years and shall also be liable to fine. Explanation.—For the purpose of this section, “cruelty” means— (a) any wilful conduct which is of such a nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to life, limb or health (whether mental or physical) of the woman; or (b) harassment of the woman where such harassment is with a view to coercing her or any person related to her to meet any unlawful demand for any property or valuable security or is on account of failure by her or any person related to her to meet such demand.] Dear Sir, Your questions are answered as follows: 1.Can she ask me to come to her place or refuse to come to my place? Ans: No, it cannot be. Her proposal cannot be accepted by Courts. 2.Can she file false dowry and domestic violence case.? What punishment will be given to her for false cases ? Ans: She can file but on its failure no punishment can be given to her saying she lodged false cases, since it is family matter. 3.How long shd I wait for getting divorce if contested ? Ans: About 2-3 years depending upon the tactics of other side. 4.How frequent can I get visitation rights of child and also during trial ? Ans: Once a 15 days depending upon age and sex of the child. 5.Does my and parents govt job affected by it also pension settlement as my dad will retire in1 year if she files false cases? Ans: If she includes your parents in the FIR, there will be some problems in pension settlement. 6.Does separation count from the day she left or the day I stopped visiting her ? Ans: The day she left you that is deserted you. 7.Is it not the duty of wife to come to husband home as supreme court has granted divorce to husband ,in which wife refused to stay with in laws? Ans: Yes, you are correct. +++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ The following are similar FAQs asked by my another client....for your ready reference. ++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ Dear Sir, My answers are as follows: Before starting you must remember that it is big task and never fight for case. Be cool and face it. 1, I want to know what is procedure to take divorce now and how much alimony i have to give her and monthly expenses as well. Ans: Alimony means one time full settlement money given to wife. Montly maintenance is awareded during the pendency of case. She is entitled for one only. 2. What’s are rule and regulation for taking divorce? Ans: It is given below. 3.I want to know whether my wife can claim her rights on the property of my parents like (my parents house) where i and my family live in as alimony. Ans: No, wife has no share only right for maintenance or alimony. If she is educated and avoiding employment then alimony will be between Rs.2 – 3 lakhs one time settlement. 4.Will court seal my parent house as alimony ? And even she is asking to sign a paper where it will written as tht I can’t meet my son also in my entire life . Ans: No, your father property cannot be ancestratl property as such your son not entitled for any share. You should not sign any paper. You have pay monthly maintenance to your son till he attains age of majority, only if you have sufficient means/source of income. 5.Can I take my son custody after 7 years from court. Ans: Yes, even before that. 6.If I want to do settle out court what is the chance of her asking me for alimony amount? Ans: Rs. 5 to 6 lakhs. 7.On what bases this alimony and monthly expenses is decided? Ans: On the basis of your personal income For full procedure contact me on mobile through Vidhikarya. Rate me Five Star * Please visit the following link. https://vidhikarya.com/LawyerRating/9506c43f5d0b2d266a07
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Kishan Dutt Kalaskar Retired Judge Exp: 33 Year(s) Bangalore
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Neeraj Kumar Experience: 1 Year(s) Patna
Suneel Moudgil Experience: 15 Year(s) Panipat

Anonymous

Posted 1 week ago

My mother is facing domestic violence since she got married from past 27 years my father is a alcoholic person as well as non earning my mother provides us with all financial support. He keeps on misbehaving on daily basis since she got married she didn't took any step as it was a love marriage and my elder sister was a special child by birth and even me and my brother was young and no body was there to look after but the mental and physical violence has been increased on daily basis now which is disturbing our mental status my mother is now in her late 50s and we can not see her suffer more we all tried many a times to counsel my father not to repeat this behaviour but he is becoming more violent day by day kindly suggest your opinion regarding divorce proceedings
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A. Dear Sir, Your mother may file DV case against her husband. For full procedure contact me on mobile through Vidhikarya. Rate me Five Star * Please visit the following link. https://vidhikarya.com/LawyerRating/9506c43f5d0b2d266a07
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Kishan Dutt Kalaskar Retired Judge Exp: 33 Year(s) Bangalore
Junaid Ali Khan Experience: 2 Year(s) New Delhi
Suneel Moudgil Experience: 15 Year(s) Panipat
Johnson Thangiah Experience: 18 Year(s) Tirunelveli

Anonymous

Posted 1 week ago

I got married a year ago. After one month of our marriage my husband went to Australia for his project. There he contacted with his ex who lives in halisahar. During that time he mentally tortured me a lot. One day he confessed the whole matter to me nd sent me their chat details through mail.. I have that with me. But that time he promised me that he won't do it again and asking for a sorry. I forgave him as it was a love marriage. He returned to India on the month of August. But one day I again found that they are still in touch with each other.. this problem is continuing till the end of November nd after that I stopped checking his phone. After about two months I checked it few days back. I saw there was another girl with whom he was chatting in a different way. He hide the truth from me every time.. in the mean time during our argument he pushed me back very hard nd went outside that night..he locked the door from outside.. he also behaved like a psycho patient. I was very scared at that time. He didn't help me financially too as I am a working woman.. I confessed the matter to my parents a month ago..at first they were shocked too..but now for the sake of their prestige and society they are trying to convince me to give him a second chance..but it's not possible for me. I don't love him.. neither I trust him nor there is respect for him in my mind. I can't be in this marriage. I asked him for a mutual divorce. But he denied.. nobody is with my decision.. which step should I take.. I can't be in an unhealthy marriage. It affects my mental health
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A. Dear Madam, You can get issue a legal notice and file a divorce case on the ground of adultery and thus you will succeed. For full procedure contact me on mobile through Vidhikarya. Rate me Five Star * Please visit the following link. https://vidhikarya.com/LawyerRating/9506c43f5d0b2d266a07
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Kishan Dutt Kalaskar Retired Judge Exp: 33 Year(s) Bangalore
Shreyash Mohta Experience: 1 Year(s) Kolkata

Anonymous

Posted 1 week ago

I am a married man. But because of some differences both of us want to separate. Wife is not working, while I am working, earning around 15-20 lakhs per annum. Now they are ready for the divorce, but are demanding 15lakhs for the same. It was there fault, that they unnecessarily questioned my character and took their daughter with them. I don't have any child & it's just over a year we were married, but most of the days she was staying at her parents house only. Merely 2-3 months she was at my home. On what basis I can decline their demands? As they spread fake allegations against me, which may become problem if I want to remarry. Can I use this against them? How?
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A. Dear Sir, Please read the following and take your own decision as earlier as possible without wasting time. ===================================================================================== FOLLOWING ARE QUESTIONS ASKED BY MY OTHER CLIENTS….ON THE SUBJECT OF DIVORCE.. ====================================== Dear Sir, My answers are as follows: Before starting you must remember that it is big task and never fight for case. Be cool and face it. 1, I want to know what is procedure to take divorce now and how much alimony i have to give her and monthly expenses as well. Ans: Alimony means one time full settlement money given to wife. Montly maintenance is awareded during the pendency of case. She is entitled for one only. 2. What’s are rule and regulation for taking divorce? Ans: It is given below. 3.I want to know whether my wife can claim her rights on the property of my parents like (my parents house) where i and my family live in as alimony. Ans: No, wife has no share only right for maintenance or alimony. If she is educated and avoiding employment then alimony will be between Rs.2 – 3 lakhs one time settlement. 4.Will court seal my parent house as alimony ? And even she is asking to sign a paper where it will written as tht I can’t meet my son also in my entire life . Ans: No, your father property cannot be ancestratl property as such your son not entitled for any share. You should not sign any paper. You have pay monthly maintenance to your son till he attains age of majority, only if you have sufficient means/source of income. 5.Can I take my son custody after 7 years from court. Ans: Yes, even before that. 6.If I want to do settle out court what is the chance of her asking me for alimony amount? Ans: Rs. 5 to 6 lakhs. 7.On what bases this alimony and monthly expenses is decided? Ans: On the basis of your personal income. 8.We can deny if they ask huge amount in alimony to pay as I don’t have that much earning or saving with me to give her huge amount of alimony ? Ans: Yes, definitely. Then she is entitled for monthly maintenance only. 9.What is the difference between alimony and monthly expenses ? Ans: Alimony means one time full settlement money given to wife. Montly maintenance is awareded during the pendency of case. She is entitled for one only. 10.Do I need to pay monthly expenses only for my son or I need to pay for wife also it is compulsory to give monthly expenses to wife ? Ans: yes to both. If you do not pay, your belongings will be attached and you will put into jail, if you are purposefully avoiding. 11.Whether she can do any police complain against me or my family ? Ans: Yes. But now Supreme Court given several instructions to police before arrest. 12.Whether it is bailable or non bailable complaint?What precautions we shud take to avoid this? Ans: Non-Bailable unders section 498A IPC and 3 and 4 of Dowry Prohibition Act. You must get aniticipatory bail under section 438 of CrPC 13.Can she harm me and family by putting false alligations ? How to take precautions for all this? Ans: YES, File quashing petition before the High Court. 14.I even want to know that what are strict norms are there for taking divorce? Ans: It all depends upon evidence, male rarely get divorce but women get very easily, it is the legal presumption, I am saying this as per my experience as judge. 15.Because my wife is continuously telling me now Norms are very very strict what’s are they? Ans: Nothing to bother, your advocate protect you. 16.Yes she is working if she is working then I am not liable for her maintenance money Ans: Yes, your burden will be lessened to 50 to 75% 17.what is section 487A IPC in this can we go bail procedure before and keep it ready with us. Ans: At the end given. 18.What is RCR? Ans: It is Restitution of Conjugal Rights filed under section 9 of Hindu marriage Act. 19.What are Section 498A and DV Act? Ans: Given below 20.Under this act will I get bail or not? Ans: 498A is non bailble, in these days bail is being given to all husbands if there is delay in FIR. 21.But my wife is asking for Alimony separate and monthly maintenance separate Can I combine both as give her? Ans: No, law does not permit. 22.It is necessary to give her monthly maintenance in her hand or I can transfer to her account? Ans: to her account. 22.What is Special marriage act and Indian Divorcee Act? Ans: Please see below. Both applicable in India. 23.what is the procedure for taking bail? Ans: Your advocate will tell you if you pay fee. 24.If my wife does second marriage will I be still liable to pay her monthly maintenance? Ans: No. 25.My wife was troubling me a lot and was keep fighting with me for no reason so in the anger I told her if you continue to trouble me like this I will do Second marriage will this create any problem for me in getting the divorce? Ans: You will be in jail if you marry without divorce under sectin 494 IPC 26.If I am not capable of paying alimony amount if my wife asks for that what court will take the section. Ans: If you have money and refuse then you will be sent to jail. 27.From almost 9 months she is at her parent home Can she file a complaint against domestic violence against me or my family? Ans: yes, police create a very good story and register FIR, 28.Mutual Divorce take 6 month time can we do settlement out of court and take divorce fast? Ans: yes. if you pay alimony and good fee to your advocate it can be settled within 30 days. Section 9 in The Hindu Marriage Act, 1955 9 Restitution of conjugal rights. — 7 [***] When either the husband or the wife has, without reasonable excuse, withdrawn from the society of the other, the aggrieved party may apply, by petition to the district court, for restitution of conjugal rights and the court, on being satisfied of the truth of the statements made in such petition and that there is no legal ground why the application should not be granted, may decree restitution of conjugal rights accordingly. 8 [ Explanation. —Where a question arises whether there has been reasonable excuse for withdrawal from the society, the burden of proving reasonable excuse shall be on the person who has withdrawn from the society.] 9 [***] Section 498A in The Indian Penal Code 376 [498A. Husband or relative of husband of a woman subjecting her to cruelty.—Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be pun¬ished with imprisonment for a term which may extend to three years and shall also be liable to fine. Explanation.—For the purpose of this section, “cruelty” means— (a) any wilful conduct which is of such a nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to life, limb or health (whether mental or physical) of the woman; or (b) harassment of the woman where such harassment is with a view to coercing her or any person related to her to meet any unlawful demand for any property or valuable security or is on account of failure by her or any person related to her to meet such demand.] Dear Sir, Your questions are answered as follows: 1.Can she ask me to come to her place or refuse to come to my place? Ans: No, it cannot be. Her proposal cannot be accepted by Courts. 2.Can she file false dowry and domestic violence case.? What punishment will be given to her for false cases ? Ans: She can file but on its failure no punishment can be given to her saying she lodged false cases, since it is family matter. 3.How long shd I wait for getting divorce if contested ? Ans: About 2-3 years depending upon the tactics of other side. 4.How frequent can I get visitation rights of child and also during trial ? Ans: Once a 15 days depending upon age and sex of the child. 5.Does my and parents govt job affected by it also pension settlement as my dad will retire in1 year if she files false cases? Ans: If she includes your parents in the FIR, there will be some problems in pension settlement. 6.Does separation count from the day she left or the day I stopped visiting her ? Ans: The day she left you that is deserted you. 7.Is it not the duty of wife to come to husband home as supreme court has granted divorce to husband ,in which wife refused to stay with in laws? Ans: Yes, you are correct. +++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ The following are similar FAQs asked by my another client....for your ready reference. ++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ Dear Sir, My answers are as follows: Before starting you must remember that it is big task and never fight for case. Be cool and face it. 1, I want to know what is procedure to take divorce now and how much alimony i have to give her and monthly expenses as well. Ans: Alimony means one time full settlement money given to wife. Montly maintenance is awareded during the pendency of case. She is entitled for one only. 2. What’s are rule and regulation for taking divorce? Ans: It is given below. 3.I want to know whether my wife can claim her rights on the property of my parents like (my parents house) where i and my family live in as alimony. Ans: No, wife has no share only right for maintenance or alimony. If she is educated and avoiding employment then alimony will be between Rs.2 – 3 lakhs one time settlement. 4.Will court seal my parent house as alimony ? And even she is asking to sign a paper where it will written as tht I can’t meet my son also in my entire life . Ans: No, your father property cannot be ancestratl property as such your son not entitled for any share. You should not sign any paper. You have pay monthly maintenance to your son till he attains age of majority, only if you have sufficient means/source of income. 5.Can I take my son custody after 7 years from court. Ans: Yes, even before that. 6.If I want to do settle out court what is the chance of her asking me for alimony amount? Ans: Rs. 5 to 6 lakhs. 7.On what bases this alimony and monthly expenses is decided? Ans: On the basis of your personal income For full procedure contact me on mobile through Vidhikarya. Rate me Five Star * Please visit the following link. https://vidhikarya.com/LawyerRating/9506c43f5d0b2d266a07
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Kishan Dutt Kalaskar Retired Judge Exp: 33 Year(s) Bangalore
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Jayesh R Jadav Experience: 12 Year(s) Kheda
Shreyash Mohta Experience: 1 Year(s) Kolkata

U Bose

Posted 1 week ago

I got married a year ago..it was love marriage. After one month of our marriage he went to Australia for his onsite project. During that time he contacted with his ex again nd they chatted regularly. During that time he tortured me mentally like he behaved rudely..used abusive words..ignored me.. Blocked my number and a lot of other things..but one day he confessed me the truth by saying the whole matter nd sent me the chats between them through email..I have that with me..and promised me not to do it again.. I was heartbroken but I gave him another chance..he returned India in the month of August..but one day I checked his phone nd I found that they are still in touch with each other.. Things are getting worse between us.. fights are on a daily basis..but I hide my situation from my family as it was a love marriage.. another thing he also don't help me financially as I am a working woman..he once pushed me back very hard nd went outside for whole night..he locked the door from outside.. As in this situation I told the whole incident to my parents..at first they were shocked nd was very angry with him..but later on due to the social status nd being worried about my future they are trying to convince me to give him a last chance..but I don't wanna give it to him.. I want a divorce..I asked it for mutually but he is not agreed to do so.. what should I do?
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A. Dear Madam, You can get issue a legal notice and file a divorce case on the ground of adultery and thus you will succeed. For full procedure contact me on mobile through Vidhikarya. Rate me Five Star * Please visit the following link. https://vidhikarya.com/LawyerRating/9506c43f5d0b2d266a07
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Kishan Dutt Kalaskar Retired Judge Exp: 33 Year(s) Bangalore
Rameshwar Dadhe Experience: 2 Year(s) Aurangabad
Shreyash Mohta Experience: 1 Year(s) Kolkata

Anonymous

Posted 1 week ago

My wife not staying with me from last 7months. She and her family want me to stay in Mumbai but it's not possible to me... I try to Conway they that I will stay in Pune and it possible for me as I have job in Pune so. But they said if you don't want to settle in Mumbai than give divorce. Please help me to finding solution for that.
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A. Dear Sir, Please see the following FAQs and take decision ========================================================= FOLLOWING ARE QUESTIONS ASKED BY MY OTHER CLIENTS….ON THE SUBJECT OF DIVORCE.. ====================================== Dear Sir, My answers are as follows: Before starting you must remember that it is big task and never fight for case. Be cool and face it. 1, I want to know what is procedure to take divorce now and how much alimony i have to give her and monthly expenses as well. Ans: Alimony means one time full settlement money given to wife. Montly maintenance is awareded during the pendency of case. She is entitled for one only. 2. What’s are rule and regulation for taking divorce? Ans: It is given below. 3.I want to know whether my wife can claim her rights on the property of my parents like (my parents house) where i and my family live in as alimony. Ans: No, wife has no share only right for maintenance or alimony. If she is educated and avoiding employment then alimony will be between Rs.2 – 3 lakhs one time settlement. 4.Will court seal my parent house as alimony ? And even she is asking to sign a paper where it will written as tht I can’t meet my son also in my entire life . Ans: No, your father property cannot be ancestratl property as such your son not entitled for any share. You should not sign any paper. You have pay monthly maintenance to your son till he attains age of majority, only if you have sufficient means/source of income. 5.Can I take my son custody after 7 years from court. Ans: Yes, even before that. 6.If I want to do settle out court what is the chance of her asking me for alimony amount? Ans: Rs. 5 to 6 lakhs. 7.On what bases this alimony and monthly expenses is decided? Ans: On the basis of your personal income. 8.We can deny if they ask huge amount in alimony to pay as I don’t have that much earning or saving with me to give her huge amount of alimony ? Ans: Yes, definitely. Then she is entitled for monthly maintenance only. 9.What is the difference between alimony and monthly expenses ? Ans: Alimony means one time full settlement money given to wife. Montly maintenance is awareded during the pendency of case. She is entitled for one only. 10.Do I need to pay monthly expenses only for my son or I need to pay for wife also it is compulsory to give monthly expenses to wife ? Ans: yes to both. If you do not pay, your belongings will be attached and you will put into jail, if you are purposefully avoiding. 11.Whether she can do any police complain against me or my family ? Ans: Yes. But now Supreme Court given several instructions to police before arrest. 12.Whether it is bailable or non bailable complaint?What precautions we shud take to avoid this? Ans: Non-Bailable unders section 498A IPC and 3 and 4 of Dowry Prohibition Act. You must get aniticipatory bail under section 438 of CrPC 13.Can she harm me and family by putting false alligations ? How to take precautions for all this? Ans: YES, File quashing petition before the High Court. 14.I even want to know that what are strict norms are there for taking divorce? Ans: It all depends upon evidence, male rarely get divorce but women get very easily, it is the legal presumption, I am saying this as per my experience as judge. 15.Because my wife is continuously telling me now Norms are very very strict what’s are they? Ans: Nothing to bother, your advocate protect you. 16.Yes she is working if she is working then I am not liable for her maintenance money Ans: Yes, your burden will be lessened to 50 to 75% 17.what is section 487A IPC in this can we go bail procedure before and keep it ready with us. Ans: At the end given. 18.What is RCR? Ans: It is Restitution of Conjugal Rights filed under section 9 of Hindu marriage Act. 19.What are Section 498A and DV Act? Ans: Given below 20.Under this act will I get bail or not? Ans: 498A is non bailble, in these days bail is being given to all husbands if there is delay in FIR. 21.But my wife is asking for Alimony separate and monthly maintenance separate Can I combine both as give her? Ans: No, law does not permit. 22.It is necessary to give her monthly maintenance in her hand or I can transfer to her account? Ans: to her account. 22.What is Special marriage act and Indian Divorcee Act? Ans: Please see below. Both applicable in India. 23.what is the procedure for taking bail? Ans: Your advocate will tell you if you pay fee. 24.If my wife does second marriage will I be still liable to pay her monthly maintenance? Ans: No. 25.My wife was troubling me a lot and was keep fighting with me for no reason so in the anger I told her if you continue to trouble me like this I will do Second marriage will this create any problem for me in getting the divorce? Ans: You will be in jail if you marry without divorce under sectin 494 IPC 26.If I am not capable of paying alimony amount if my wife asks for that what court will take the section. Ans: If you have money and refuse then you will be sent to jail. 27.From almost 9 months she is at her parent home Can she file a complaint against domestic violence against me or my family? Ans: yes, police create a very good story and register FIR, 28.Mutual Divorce take 6 month time can we do settlement out of court and take divorce fast? Ans: yes. if you pay alimony and good fee to your advocate it can be settled within 30 days. Section 9 in The Hindu Marriage Act, 1955 9 Restitution of conjugal rights. — 7 [***] When either the husband or the wife has, without reasonable excuse, withdrawn from the society of the other, the aggrieved party may apply, by petition to the district court, for restitution of conjugal rights and the court, on being satisfied of the truth of the statements made in such petition and that there is no legal ground why the application should not be granted, may decree restitution of conjugal rights accordingly. 8 [ Explanation. —Where a question arises whether there has been reasonable excuse for withdrawal from the society, the burden of proving reasonable excuse shall be on the person who has withdrawn from the society.] 9 [***] Section 498A in The Indian Penal Code 376 [498A. Husband or relative of husband of a woman subjecting her to cruelty.—Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be pun¬ished with imprisonment for a term which may extend to three years and shall also be liable to fine. Explanation.—For the purpose of this section, “cruelty” means— (a) any wilful conduct which is of such a nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to life, limb or health (whether mental or physical) of the woman; or (b) harassment of the woman where such harassment is with a view to coercing her or any person related to her to meet any unlawful demand for any property or valuable security or is on account of failure by her or any person related to her to meet such demand.] Dear Sir, Your questions are answered as follows: 1.Can she ask me to come to her place or refuse to come to my place? Ans: No, it cannot be. Her proposal cannot be accepted by Courts. 2.Can she file false dowry and domestic violence case.? What punishment will be given to her for false cases ? Ans: She can file but on its failure no punishment can be given to her saying she lodged false cases, since it is family matter. 3.How long shd I wait for getting divorce if contested ? Ans: About 2-3 years depending upon the tactics of other side. 4.How frequent can I get visitation rights of child and also during trial ? Ans: Once a 15 days depending upon age and sex of the child. 5.Does my and parents govt job affected by it also pension settlement as my dad will retire in1 year if she files false cases? Ans: If she includes your parents in the FIR, there will be some problems in pension settlement. 6.Does separation count from the day she left or the day I stopped visiting her ? Ans: The day she left you that is deserted you. 7.Is it not the duty of wife to come to husband home as supreme court has granted divorce to husband ,in which wife refused to stay with in laws? Ans: Yes, you are correct. +++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ The following are similar FAQs asked by my another client....for your ready reference. ++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ Dear Sir, My answers are as follows: Before starting you must remember that it is big task and never fight for case. Be cool and face it. 1, I want to know what is procedure to take divorce now and how much alimony i have to give her and monthly expenses as well. Ans: Alimony means one time full settlement money given to wife. Montly maintenance is awareded during the pendency of case. She is entitled for one only. 2. What’s are rule and regulation for taking divorce? Ans: It is given below. 3.I want to know whether my wife can claim her rights on the property of my parents like (my parents house) where i and my family live in as alimony. Ans: No, wife has no share only right for maintenance or alimony. If she is educated and avoiding employment then alimony will be between Rs.2 – 3 lakhs one time settlement. 4.Will court seal my parent house as alimony ? And even she is asking to sign a paper where it will written as tht I can’t meet my son also in my entire life . Ans: No, your father property cannot be ancestratl property as such your son not entitled for any share. You should not sign any paper. You have pay monthly maintenance to your son till he attains age of majority, only if you have sufficient means/source of income. 5.Can I take my son custody after 7 years from court. Ans: Yes, even before that. 6.If I want to do settle out court what is the chance of her asking me for alimony amount? Ans: Rs. 5 to 6 lakhs. 7.On what bases this alimony and monthly expenses is decided? Ans: On the basis of your personal income For full procedure contact me on mobile through Vidhikarya. Rate me Five Star * Please visit the following link. https://vidhikarya.com/LawyerRating/9506c43f5d0b2d266a07
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Kishan Dutt Kalaskar Retired Judge Exp: 33 Year(s) Bangalore
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Anonymous

Posted 1 week ago

My friend a lady wants to marry a person who is already married to his niece six years back secretly without knowing both the families till now but after marriage till they stayed together only for the first three months then the girl staying at her parents home saying that not interested in living with him and wants remarry other person..... As they were living separate he also wanted to marry my friend.... And my quiery now please advice how he has to go for divorce and remarry according Hindu marriage act
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A. The previous marriage is already void as the couple falls under sapinda relationship . You can go for the second marriage but before that file a mutual divorce petition before the court to prove the the first marriage as void.
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My divorce Case is going on from past 2 years on the grounds of cruelty. Guide me on the following.. How to add desertion ground in divorce petition.... Kindly help me with the evidence of mental cruelty.. Thanks
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A. Order 6 rule 17 as to addition of desertion. And for evidence of mental cruelty it is based on circumstantial evidences.
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